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TMI Blog2021 (2) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... in view the said memo, Sri M.Ramakrishna, learned counsel is permitted to represent the petitioner. 2. This petition is filed by the petitioner seeking to quash the order passed in C.C.No.675/2013 arising out of PCR No.127/2013 dated 22.08.2016 and so also, quash the order dated 31.08.2016 passed by the Prl.Civil Judge and JMFC, Harihara. 3. It is transpired in the private complaint filed by the respondent/complainant before the Civil Judge and JMFC, Harihara for the offence punishable under Section 138 of N.I.Act by following the requisite conditions in the provision itself. Subsequent to filing of private complaint by the complainant, the case came to be registered in PCR No.127/2013. Subsequent to registration of the case, the sworn s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed by the accused and complainant. The case was posted to 27.08.2016. Thereafter, the matter was adjourned to 31.08.2016. On 31.08.2016 the order was passed by the trial Court dismissing the application filed by the complainant for restoration for no merits. 6. It is contended by petitioners' counsel that the complainant had filed the private complaint against the accused after following the requisite conditions of the N.I.Act. But the same came to be dismissed for non- prosecution. Therefore, the counsel for the petitioner seeks for considering the grounds as urged in this petition and seeks for intervention of this Court, if not, there shall be miscarriage of justice and certainly the complainant would be the sufferer. On this pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lf. The cheque amount was of Rs. 2,40,000/- in favour of the complainant towards repayment of due amount. However, the detail description of the cheque is mentioned in the private complaint filed by the complainant. But the case in C.C.No.675/2013 came to be dismissed for non- prosecution on 22.08.2016 and on the same day, the complainant had filed application for restoration of the dismissal order for non-prosecution. After hearing both the sides, the court below dismissed the application for restoration for there being no merits. 9. The Negotiable Instruments Act is a special enactment which delivers social justice as well criminal justice. The cause of action arise only after return of the instrument from the Bank as where the cheque wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oss-examination on the part of the defense. Even as under Section 139 of the N.I.Act, there is a presumptive value neither the evidence of the complainant or defense and the proceedings has to be taken in terms of the prosecution. 10. In the instant case, the petitioner/complainant being a gravamen of the charge, has challenged the order of for dismissal of his complaint for non-prosecution by urging various grounds. Therefore, it is deemed proper for intervention of the impugned order, if not, certainly the complainant/petitioner would be the sufferer. For the aforesaid reasons, I proceed to pass the following: ORDER The criminal petition filed by the petitioner/complainant under Section 482 of Cr.P.C. is hereby allowed. The impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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